משנה
משנה

תלמוד על גיטין 9:1

Jerusalem Talmud Ketubot

MISHNAH: If somebody writes to his wife1After the preliminary but before the definitive marriage, when he does not yet have the administration of her properties.: “I shall have nothing to do with your properties,” he receives their revenues and if she should die, he inherits from her. In this case, why did he write “I shall have nothing to do with your properties”? If she sold or gave away, it is valid. If he wrote to her: “I shall have nothing to do with your properties, nor with their revenues,” he does not receive their revenues during her lifetime but if she should die, he inherits from her. Rebbi Jehudah says, he continues to receive the investment results of her revenues2If the wife invests some or all of the revenue from her holdings, these new holdings are not referred to in the renunciation. They represent new paraphernalia and as such their administration is the husband’s, who receives their yield. unless he writes: “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues, without limits3I. e., even the yield of the k-th re-investment of prior yields, k = 1,2, …, is excluded by this contract..” If he wrote “I shall have nothing to do with your properties, nor with their revenues, nor with revenues derived from revenues during your lifetime and after your death,” he does not receive the revenues during her lifetime and does not inherit from her after her death. Rabban Simeon ben Gamliel says, if she dies, he should inherit from her since he made a condition contradicting what is written in the Torah4Since in rabbinic interpretation (disputed by Sadducees/Karaites) the husband inherits from his wife but the wife not from her husband; cf. Babli Baba batra 111b, Sifry Num. 134. In the opinion of R. Ismael, this cannot be established from the pentateuchal law of inheritance (Num. 27:7–11) but from the books of Josua, 34:33, and 1Chr.2:22. According to R. Aqiba, the husband’s right of inheritance follows by twisting the text of Num. 27:11., and anybody’s condition contradicting what is written in the Torah is invalid5As a general principle, this is Mishnaiot Baba meṣiʻa 7:14, Baba batra8:5. Quoted in Peah 6:10 (Note 159), Giṭṭin 9:1 (50a 1.48), Qiddušin 1:2 (59c 1.40), Baba meṣiʻa 7:10 (11c 1.11); Babli 56a/b, 83b, 84a, and 7 other quotes.
As far as money matters go, his opinion is that of a minority of one; cf. Chapter 5, Note 207. He will agree that in matters of revenues, whose assignment to the husband is purely rabbinic usage, there are no restrictions in the freedom to contract.
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